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Category Archives: International Law: LOAC: Proportionality

Drone Strikes, the UN Special Rapporteur Investigation, and the Duty to Investigate

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Friday, January 25, 2013 at 11:14 AM

[Update - I've clarified some points below, at the bottom, in response to reader feedback]

Ben Emmerson QC is a British human rights law specialist who currently serves as the UN Human Rights Council’s “Special Rapporteur on Counter-Terrorism and Human … Read more »

The War in Syria and LOAC: Some Key Issues

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Sunday, July 15, 2012 at 4:42 PM

[Update: a responsive post from ICRC's Daniel Cahen is here, and ones from Kevin Heller and Gabor Rona are here and here]

Many papers and sites are today highlighting the fact that the ICRC has stated publicly that … Read more »

Switchblade: Unmanned Close Air Support or “Drone Strike”?

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Thursday, June 14, 2012 at 2:30 PM

Have you heard of the “Switchblade” UAV?  In brief, it is a man-portable UAV that a soldier in the field can launch in mortar-like fashion, obtaining beyond-line-of-sight surveillance (with video and GPS data) and also the option of … Read more »

Not Joining the Issues

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Thursday, May 3, 2012 at 4:52 PM

Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments.  Alas, we seem to be speaking past one another in various ways (for example, I critiqued what I … Read more »

Greetings, and a Quick Thought on Brennan’s Speech

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Tuesday, May 1, 2012 at 2:23 PM

Very glad to have joined the Lawfare team.  I look forward to more sustained blogging once the spring grading season is over.  For now, I’ll offer just a quick thought on the speech John Brennan delivered yesterday, and on the … Read more »

John Brennan’s Speech and the ACLU FOIA Cases

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Tuesday, May 1, 2012 at 11:12 AM

John Brennan’s speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against specific al-Qa’ida terrorists, sometimes using remotely piloted aircraft, often referred to … Read more »

Text of John Brennan’s Speech on Drone Strikes Today at the Wilson Center

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Monday, April 30, 2012 at 12:50 PM

 

THE WHITE HOUSE

Office of the Press Secretary

______________________________________________________________________________________________________________________________________________________________________

EMBARGOED UNTIL DELIVERY

April 30, 2012

 

Remarks of John O. Brennan – As Prepared for Delivery

Assistant to the President for Homeland Security and Counterterrorism

Woodrow Wilson International Center for Read more »

John Brennan’s Speech

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Monday, April 30, 2012 at 12:46 PM

Last October, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I said that “the administration needs to work harder to explain and defend its use of drones as lawful … Read more »

Ohlin on Variation in the Meaning of Intent in Connection with IHL and the ICC

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Wednesday, February 8, 2012 at 11:28 PM

Further to the prior exchange between myself and Kevin Jon Heller regarding allegations of drone strikes targeting persons in the context of funerals or post-strike rescue activity, Jens David Ohlin has this very enlightening post on the potential gap between … Read more »

Proportionality and Distinction When Collateral Damage Is a Certainty

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Tuesday, February 7, 2012 at 10:25 AM

Over at Opinio Juris, Kevin Jon Heller responds to my earlier post regarding the BIJ report on drone strikes in Pakistan, and in doing so draws attention to a very interesting question.  [Update: see Dapo Akande's follow-up post here]Read more »

Amicus Brief Challenging the ICTY’s Ruling on Distinction in Gotovina

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Sunday, January 29, 2012 at 4:33 PM

[The following guest post, from Geoff Corn (South Texas College of Law), extends the discussion of the Gotovina decision from Laurie Blanks's guest post yesterday]

      On April 15, 2011, the International Criminal Tribunal for the Former Yugoslavia issued its

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On Determining Whether Artillery Fire Was Directed at Civilians Purposefully: Criticism of the ICTY’s Gotovina Decision

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Friday, January 27, 2012 at 6:55 PM

[This is the first of two posts concerning the ICTY's Gotovina decision (the ICTY summary of which appears here, and two volumes of trial documents are available here]

Professor Laurie Blank, Director of the International Humanitarian Law Clinic … Read more »